cannot take suo motu cognizance of Criminal Contempt
of Court against a Respondent; however serious contempt
of Court appears to would have been committed ... taking cognizance of criminal
contempt of court c be made by a subordinate court not
by the High Court. High Court can made a motion
distinction between civil and criminal contempt :
28. What is the distinction between civil contempt and criminal contempt ? Civil contempt or contempt in procedure ... prison just as a criminal contempt can. But civil contempt is essentially remedial and coercive. Civil contempt of court exists to provide the ultimate sanction
proof required in the criminal contempt is the
same as in a criminal charge and therefore the charge of
criminal contempt has to be proved ... proof required in the criminal contempt is the same as in
a criminal charge and therefore the charge of criminal contempt has to be
proved
confined to cases of criminal contempt of Supreme Court or the High Court itself and criminal contempt of a subordinate Court is dealt with ... initiate action for contempt of a Court subordinate to it. The power of the Court as a Court of record recognised by the Constitution cannot
case of a criminal contempt other than a contempt referred to in Section 14 , the Supreme Court to the High Court may take action ... notice of the Court the facts and the Court can, if satisfied that a case of criminal contempt is made out, take cognisance suo motu
Shri V.C. Mishra was found guilty of committing criminal contempt of Court, and he was suspended from practice by Supreme Court, he has incurred ... Mishra in which he was punished for committing criminal contempt of Court and was also suspended from practice. It has been further stated that
Court (including contempt of such Court), and the fees taken
therein; persons entitled to practise before the Supreme Court.
**Entry 14.Contempt of court ... criminal contempt in other cases.- (1) In
the case of a criminal contempt, other than a contempt referred to
in section 14 , the Supreme Court
criminal contempt in
other cases.- (1) In the case of a criminal
contempt, other than a contempt referred to in
section 14, the Supreme Court ... initiate
proceedings for contempt as also the
jurisdiction to punish for contempt are
discretionary with the court. Contempt
generally and criminal contempt certainly
Court‟, „civil contempt‟ and „criminal
contempt‟. We re-produce below these definition clauses:-
"2(a) "contempt of Court" means civil or criminal ... defines
`criminal contempt'. Under Section 15 of the Act, action for
criminal contempt, other than a contempt referred to in
Section
deals with criminal contempt of subordinate courts. In the case of any criminal contempt of subordinate court the High Court may take action ... initiating proceedings for criminal contempt, brings the facts constituting the commission of criminal contempt to the notice of the Court and once those facts
